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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9055 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9055

To amend title 38, United States Code, to make certain improvements in 
the laws administered by the Secretary of Veterans Affairs relating to 
               memorial affairs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2024

Mr. Pappas (for himself and Mr. Moylan) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to make certain improvements in 
the laws administered by the Secretary of Veterans Affairs relating to 
               memorial affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Burial Improvement Act of 
2024''.

SEC. 2. PERMANENT AUTHORITY FOR CERTAIN BURIAL BENEFITS FOR SPOUSES AND 
              CHILDREN WHO PREDECEASE MEMBERS OF THE ARMED FORCES 
              SERVING ON ACTIVE DUTY.

    (a) Provision of Headstones and Markers.--Section 2306(b)(2) of 
title 38, United States Code, is amended--
            (1) in subparagraph (B), by striking ``if such death occurs 
        before October 1, 2024''; and
            (2) in subparagraph (C), by striking ``if such death occurs 
        before October 1, 2024''.
    (b) Interment in National Cemeteries.--Section 2402(a)(5) of title 
38, United States Code, is amended by striking ``if such death occurs 
before October 1, 2024''.

SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF TRANSPORTATION FOR 
              DECEASED VETERANS.

    (a) Transportation of Deceased Veterans.--
            (1) In general.--Section 2308 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 2308. Transportation of deceased veterans for burial
    ``(a) In General.--The Secretary may pay, in addition to any amount 
paid under this chapter, the cost of transportation of a deceased 
veteran for burial in accordance with this section.
    ``(b) Transportation Allowance.--(1) In the case of the 
transportation of a covered deceased veteran for burial in a covered 
veterans' cemetery, the Secretary may pay a transportation allowance of 
$745 (as increased from time to time under paragraph (3).
    ``(2) In the case of a covered deceased veteran who did not die in 
a State and for whom the actual cost of transporting the veteran from 
the place of death to the covered cemetery exceeds the amount of the 
transportation allowance in effect under paragraph (1), the Secretary 
may also pay an additional amount equal to the difference between such 
transportation allowance and the actual cost of transporting the 
veteran. The amount of any payment under this paragraph may not exceed 
the difference between such transportation allowance and the actual 
cost of transporting the veteran to the national cemetery nearest the 
veteran's last place of residence in which burial space is available.
    ``(3) With respect to any fiscal year, the Secretary shall provide 
a percentage increase (rounded to the nearest dollar) in the amount of 
the transportation allowance payable under paragraph (1) that is equal 
to the percentage by which--
            ``(A) the Consumer Price Index (all items, United States 
        city average) for the 12-month period ending on the June 30 
        preceding the beginning of the fiscal year for which the 
        increase is made, exceeds
            ``(B) such Consumer Price Index for the 12-month period 
        preceding the 12-month period described in subparagraph (A).
    ``(c) Deaths in Covered Facilities.--(1) Except as provided in 
paragraph (2), in the case of a veteran who dies in a covered facility 
located in a State, the Secretary shall pay the actual cost to 
transport the body to the place of burial, if the place of burial is 
located in the same or any other State.
    ``(2) In the case of a veterans who is eligible for payment under 
both paragraph (1) and subsection (b), the amount payable under 
paragraph (1) may not exceed the difference between the amount of the 
transportation allowance in effect under subsection (b)(1) and the 
actual cost of transporting the veteran to the place of burial.
    ``(d) Definitions.--In this section:
            ``(1) The term `covered deceased veteran' means any of the 
        following deceased veterans:
                    ``(A) A veteran who dies as the result of a 
                service-connected disability.
                    ``(B) A veteran who dies while in receipt of 
                disability compensation (or who but for the receipt of 
                retirement pay or pension under this title, would have 
                been entitled to compensation).
                    ``(C) A veteran whom the Secretary determines is 
                eligible for funeral expenses under this chapter by 
                virtue of the Secretary determining that the veteran 
                has no next of kin or other person claiming the body of 
                such veteran and that there are not available 
                sufficient resources to cover burial and funeral 
                expenses for the veteran.
            ``(2) The term `covered facility' means--
                    ``(A) a facility of the Department (as defined in 
                section 1701(3) of this title) to which the deceased 
                veteran was properly admitted for hospital, nursing 
                home, or domiciliary care under section 1710 or 1711(a) 
                of this title; or
                    ``(B) an institution at which the deceased veteran 
                was, at the time of death, receiving--
                            ``(i) hospital care in accordance with 
                        sections 1703A, 8111, and 8153 of this title;
                            ``(ii) nursing home care under section 1720 
                        of this title; or
                            ``(iii) nursing home care for which 
                        payments are made under section 1741 of this 
                        title.
            ``(3) The term `covered veterans' cemetery' means a 
        veterans' cemetery--
                    ``(A) in which a covered veteran is eligible to be 
                buried; and
                    ``(B) that--
                            ``(i) in the case of deaths occurring 
                        before January 5, 2023--
                                    ``(I) is owned by a State; or
                                    ``(II) is on trust land owned by, 
                                or held in trust for, a tribal 
                                organization; or
                            ``(ii) in the case of deaths occurring on 
                        or after January 5, 2023--
                                    ``(I) is a national cemetery;
                                    ``(II) is owned by a State; or
                                    ``(III) is on trust land owned by, 
                                or held in trust for, a tribal 
                                organization.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 23 of such title is amended by striking 
        the item relating to section 2308 and inserting the following 
        new item:

``2308. Transportation of deceased veterans for burial.''.
    (b) Conforming Amendments.--Such title is further amended--
            (1) by striking paragraph (1) of section 2303(a) and 
        inserting the following new paragraph (1):
    ``(1) When a veteran described in paragraph (2) dies, the Secretary 
shall pay the actual cost (not to exceed $700 (as increased from time 
to time under subsection (c))) of the burial and funeral or, within 
such limits, may make contracts for such services without regard to the 
laws requiring advertisement for proposals for supplies and services 
for the Department.''; and
            (2) in section 101(20), by striking ``section 2303'' and 
        inserting ``sections 2303 and 2308''.

SEC. 4. ELIMINATION OF TIME LIMITATION ON CERTAIN BURIAL BENEFITS FOR 
              MEDAL OF HONOR RECIPIENTS.

    (a) In General.--Subsection (d)(5)(C) of section 2306 of title 38, 
United States Code, is amended--
            (1) by striking clause (i); and
            (2) by redesignating clauses (ii) and (iii) as clauses (i) 
        and (ii), respectively.
    (b) Technical Amendment.--Such section is further amended by 
striking ``section 491 of title 14'' each place it appears and 
inserting ``section 2732 of title 14''.

SEC. 5. PROVISION OF GROUP BURIAL MARKERS.

    (a) In General.--Section 2306 of title 38, United States Code, is 
further amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection (k):
    ``(k)(1) Under such regulations as the Secretary may prescribe, in 
lieu of a headstone or marker for an individual described in paragraph 
(1), (2), or (3) of subsection (a), the Secretary may furnish a group 
headstone or marker at a burial location containing the remains of 
multiple such individuals.
    ``(2) If the Secretary furnishes a group headstone or marker under 
paragraph (1) for a group of individuals described in paragraph (1), 
(2), or (3) of subsection (a) at a burial location containing the 
remains of multiple such individuals, the Secretary may not furnish a 
new or replacement burial or memorial headstone or marker for any 
individual whose remains are determined to be interred at that burial 
location.
    ``(3) In the case of an individual who is interred at a burial 
location marked by a group headstone or marker under paragraph (1), but 
for whom the Secretary provided an individual headstone or marker 
before the date of the enactment of this subsection, such individual 
headstone or marker may remain in place after the placement of the 
group headstone or marker.
    ``(4) The Secretary may provide a group headstone or marker under 
paragraph (1) at a burial location that is not unmarked, if the 
Secretary determines that a group headstone or marker at that burial 
location would assist visitors in understanding or appreciating the 
significance of the burial location.
    ``(5) Any group headstone or marker provided under this subsection 
shall be provided in coordination with, and with the approval of, the 
owner of the property on which the burial location is located.
    ``(6) Subject to any required consultation with, and approval by, 
an appropriate historical preservation authority, the Secretary shall 
make all determinations regarding the appearance of a group headstone 
or marker provided under paragraph (1), including the size of, the 
material used for, and the content of the inscription on the marker.
    ``(7) A group headstone or marker furnished under paragraph (1) may 
not include in the inscription the name of a person described in 
section 2411(b) of this title.''.
    (b) Noneligibility of Parents of Certain Deceased Veterans.--
Subsection (a)(2) of such section is amended by striking ``and (6)'' 
and inserting ``(6), and (9)''.

SEC. 6. BURIAL OR INTERMENT OF CERTAIN ADDITIONAL PERSON IN CEMETERIES 
              THAT ACCEPT DEPARTMENT OF VETERANS AFFAIRS PLOT OR 
              INTERMENT ALLOWANCE.

     Section 2303(b)(1) of title 38, United States Code is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking ``and'' and 
                inserting ``or''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) veterans who were discharged or 
                        released from service under conditions other 
                        than dishonorable and who would be eligible for 
                        burial in a national cemetery but for the 
                        minimum active duty service requirements under 
                        section 5303A of this title and the spouses and 
                        dependent children of such veterans; and''; and
            (2) in subparagraph (B)(ii), by striking the period and 
        inserting ``; and''.
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